Quinn v. Halbert
Supreme Court of Vermont
Replevin for a quantity of clothing. Trial by jury, September Term, 1879, Royce, J., presiding. A petition for a new trial was filed by the defendant, and heard with the exceptions.
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Replevin for a quantity of clothing. Trial by jury, September Term, 1879, Royce, J., presiding. A petition for a new trial was filed by the defendant, and heard with the exceptions. It appeared that on October 18, 1878, the defendant, as sheriff of Franklin County, attached the clothing in question as the property of William Doran, on writs in suits wherein, on March 81, 1879, judgments were recovered for the aggregate sum of $534.42. The plaintiff claimed to have purchased the clothing— a part of it on March 22, 1878, from Doran’s assignee in bankruptcy, and a part of it subsequently through…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The petition by the defendant for a new trial is dismissed with costs. The attaching creditors, in whose rights the officer, Halbert, defends, knew of the existence of the claimed newly-discovered testimony. They sent to the United States District Court to obtain it, and not finding it there, without having Lawrence, the register- in bankruptcy, before whom they knew it had been used, make a thorough examination for it, went to trial without it. They thereby showed a want of diligence in endeavoring to procure it, and knowing of its…
2Cases cited4 opinions
- Lapham v. KellySupreme Court of Vermont · 1862
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843
- Mann v. Town of FairleeSupreme Court of Vermont · 1872
- Cross v. BartholomewSupreme Court of Vermont · 1869
3Cited by11 opinions
- United States v. Amazon Industrial Chemical CorporationDistrict Court, D. Maryland · 1931
- State v. KoveosSupreme Court of Vermont · 1999
- D'Orazio Et Ux. v. PashbySupreme Court of Vermont · 1930
- State v. BrewsterSupreme Court of Vermont · 1898
- State v. WardSupreme Court of Vermont · 1887
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